| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 385 |
| Hearing date | 5 Sep 2011 |
| Determination date | 07 September 2011 |
| Member | A Dumbleton |
| Representation | no appearance ; I McKay |
| Location | Auckland |
| Parties | Ashtar NZ Ltd v McKay |
| Summary | UNJUSTIFIED DISMISSAL – Applicant (Ms McKay – employee) claimed unjustifiably dismissed by respondent (Ashtar NZ Limited – employer) – No appearance for respondent – Applicant gave written notice of resignation from employment – Respondent owner (“S”) changed notice to read “due to not performing up to the standard work terms and therefore my position here is no longer tenable by me” – Applicant served with trespass notice two days later at home – Applicant could not lawfully return to workplace and complete notice period as set out by S in altered resignation letter – Respondent withdrew proceedings in which alleged breach of employment agreement after company put into liquidation – Respondent’s claims against applicant abandoned – Authority found S’s conduct unreasonable and led to applicant’s resignation – Found S prevented applicant from doing basic work without any performance management or improvement process – Found S had habit of giving instructions and immediately changing requirements when requirements met – Found applicant disadvantaged by S’s unreasonable behaviour – Found legal effect of trespass notice brought about dismissal during notice period – Found applicant unaware of reasons for trespass notice until mediation – Found no evidence of theft as alleged – Dismissal unjustified – REMEDIES – Found applicant treated badly and humiliated by conduct of S who was much younger woman – Applicant’s name used in online advertisement after dismissal - $6,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought wages in lieu of notice period which applicant not allowed to work out and holiday pay based on earnings during employment – Found applicant not paid for week before dismissal or two weeks notice period - $1,828 arrears of wages and holiday pay due and owing – Interest payable – Hairstylist |
| Result | Applications granted ; Compensation for humiliation etc ($6,000) ; Arrears of wages and holiday pay ($1,828.52) ; Interest (5%) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | Trespass Act 1980 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_385.pdf [pdf 16 KB] |